Common use of Liability Limit Clause in Contracts

Liability Limit. (a) Each User releases and discharges us from all liability for all Claims the User may have or all Losses suffered or incurred by the User howsoever arising, including by any negligence on our part, except for any Losses suffered or incurred by the User because of our fraud or wilful misconduct, in connection with the Services or us suspending or terminating the User’s use of the Services. (b) For the purposes of this Agreement, parts 1A to 1F of the Civil Liability Act 2002 do not apply. (c) To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement is hereby excluded. Where legislation (including the Competition and Consumer Xxx 0000 (Cth)) implies any condition, guarantee or warranty, and that legislation prohibits us from excluding our liability under, any such condition, guarantee or warranty, that condition, guarantee or warranty will be deemed included but our liability will be limited, where it is fair and reasonable to do so, to one or more of the following: (i) in the case of goods, any one or more of the following: (A) the replacement of the goods or the supply of equivalent goods; (B) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (C) the payment of the cost of having the goods repaired; and (ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.

Liability Limit. (a) Each User releases and discharges us from all liability for all Claims the User may have or all Losses suffered or incurred by the User howsoever arising, including by any negligence on our part, except for any Losses suffered or incurred by the User because of our fraud or wilful misconduct, in connection with the Services or us suspending or terminating the User’s use of the Services. (b) For the purposes of this Agreement, parts 1A to 1F of the Civil Liability Act 2002 do not apply. (c) We may plead this Agreement as a bar to any Claim brought by Users. (d) To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement is hereby excluded. Where legislation (including the Competition and Consumer Xxx 0000 (Cth)) implies any condition, guarantee condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, guarantee condition or warranty, that condition, guarantee condition or warranty will be deemed included but our liability will be limitedlimited for a breach of that condition or warranty, where it is fair and reasonable or to do sothe extent that our liability cannot be excluded under clause 13(a), to one or more of the following: (i) in the case of goods, any one or more of the following: (A) the replacement of the goods or the supply of equivalent goods; (B) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (C) the payment of the cost of having the goods repaired; and (ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.

Liability Limit. (a) Each User releases and discharges us from all liability for all Claims the User may have or all Losses suffered or incurred by the User howsoever arising, including by any negligence on our part, except for any Losses suffered or incurred by the User because of our fraud or wilful misconduct, in connection with the Services or us suspending or terminating the User’s use of the Services. (b) For the purposes of this Agreement, parts 1A to 1F of the Civil Liability Act 2002 do not apply. (c) To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement is hereby excluded. Where legislation (including the Competition and Consumer Xxx 0000 Act 2010 (Cth)) implies any condition, guarantee or warranty, and that legislation prohibits us from excluding our liability under, any such condition, guarantee or warranty, that condition, guarantee or warranty will be deemed included but our liability will be limited, where it is fair and reasonable to do so, to one or more of the following: (i) in the case of goods, any one or more of the following: (A) the replacement of the goods or the supply of equivalent goods; (B) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (C) the payment of the cost of having the goods repaired; and (ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again. (d) The Services provided to Users under this Agreement are provided solely for your use and DailyGrain does not accept any liability whatsoever in relation to third parties. (e) Neither party will be liable for any consequential loss or damage arising out of or in relation to the use of the Platform or in relation to the provision of the Services by DailyGrain pursuant to this Agreement.